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Author Topic: What to do When Police Unlawfully Summons Witnesses / Accused For Interrogation  (Read 2128 times)

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Offline advlaxmanadvani

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# Section 160 of CrPC provides for Investigation of offences Summoning the ―witnesses‖ A person is not bound to appear before Police officer investigating a case, without an order in writing by such officer. Disobedience of mere verbal order is not punishable. 1954 CrLJ 1060; AIR 1940 Nag 186 (189); AIR 1918 Nag 137; 1999 (2) All Cri LR 646 (647) (P & H); 1999 (2) Chand LR (Civ & Cri) 73 (75); 1999 Cri LT 279 (280) (P & H)

# Further, section 160 provides that the person who is to be summoned must reside within the limits of the police station of the police officer making the investigation. If the person being summoned does not reside within the limits aforesaid, such police officer cannot enforce his attendance even though the person may be acquainted with the facts and circumstances of the case. Pusma Investment Pvt Ltd versus State of Meghalaya 2010 CrLJ 56 at pages 58-59 (Gau).

# A citizen would only be put to harassment if he is being summoned to far off place just to meet whims of the officer. (1992) 2 Crimes 394 (396) (P & H).

# Section 162 of CrPC expressly stipulates that statements made by any person to any police officer during the course of any investigation should not be signed; Statements recorded during the investigation are not a substantive piece of evidence AIR 1959 SC 1012.

# A male person below the age of 15 years and women cannot be called upon to attend any Police station and they can only be interrogated at places where they resides. 1970 SCD 449 (456); AIR 1978 SC 1025.
Advocate laxman Advani
 Ahmedabad legal Practitioner


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